ORDER NO. 99-392

ENTERED JUN 25 1999

This is an electronic copy. Appendices and Footnotes may not appear.

UD 10

DISPOSITION: PETITION GRANTED

On May 10, 1999, U S WEST Communications, Inc., (USWC) filed Advice No. 1768 introducing a new package of features called Business CUSTOMCHOICE. On May 11, 1999, USWC filed a petition to price list the new service, effective as of June 9, 1999, pursuant to ORS 759.030(6). Business CUSTOMCHOICE service is a package available to one- and two-line business customers in conjunction with a simple flat rate access line. Business customers subscribing to the package would be entitled to unlimited use of a prescribed list of 17 services or features. Only the package would be price listed, not the individual services and features in the package.

Applicable Law: ORS 759.030 provides, in relevant part:

(6) If the commission determines that a product or service offered by a telecommunications utility as part of local exchange telecommunications services can be demonstrated by the utility to be subject to competition, or if a product or service is not an essential product or service, the commission may authorize the utility to file a price list, which shall contain the description, terms, conditions and prices of such services or products.

Commission Staff reviewed USWC's petition and presented its analysis at the Commission’s June 8, 1999, public meeting. Staff recommended that the Commission grant the petition and allow USWC to file a price list. The Commission adopted the Staff report, granted the petition, and decided to allow the Advice to become effective as of June 9, 1999. The Staff Report explains the details of the subject service and is attached to this order.

The individual services included in the package are available under tariff schedules filed with the Commission. The package is not an essential service, but provides additional service and price options for USWC's customers. The total price for the package should not exceed the sum of the tariffed rates of the individual service components of the package.

IT IS ORDERED that:

U S WEST Communications, Inc.’s petition to price list its Business CUSTOMCHOICE packaged service is granted. USWC Advice No. 1768 may become effective on June 9, 1999.

The price of the package of services shall not exceed the sum of the tariffed rates of the individual service components of the package.

The decision to grant USWC's petition is made without prejudice to future decisions regarding:
a. Whether any particular services are essential or nonessential, or
b. Whether any particular service package should be price listed when some of the underlying services are tariffed.

 

Made, entered, and effective ________________________.

A party may request rehearing or reconsideration of this order pursuant to ORS 756.561. A request for rehearing or reconsideration must be filed with the Commission within 60 days of the date of service of this order. The request must comply with the requirements in OAR 860-014-0095. A copy of any such request must also be served on each party to the proceeding as provided by OAR 860-013-0070(2). A party may appeal this order to a court pursuant to ORS 756.580.